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2010-01-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 725 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 4, 2010, at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC. Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.: Commissioner Robert G. Greer; Commissioner William A. Caster; Commissioner Ted Davis, Jr., County Attorney° Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell. Chairman Thompson called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Rickie Houston,Pilgrim Rest Missionary Baptist Church,gave the invocation. Commissioner Greer led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Thompson asked if any member of the Board would like to remove any item from the Consent Agenda. Hearing no comments, Chairman Thompson called for a motion to approve the items on the Consent Agenda as presented. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to approve the items on the Consent Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes—Governing Body The Commissioners approved the minutes from the following meetings as presented by the Clerk to the Board: Agenda Review meeting held on December 3, 2009 Regular Session meeting held on December 7,2009 Adoption of State Road Resolution—Governing Body The Commissioners adopted the North Carolina Department of Transportation State Road Resolution supporting the addition of Hobart Drive, John Yeaman Road, Miranda Court, and Caesar Court located within the North Chase Subdivision in New Hanover County to the state system(Division File No. 1149-N). A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book VIII,Page 1.1. Ratification of Issuance of Special Use Permit(5-13)as Directed by Judge Gary Locklear—Legal Department The Commissioners, as ordered by Judge Gary Locklear, ratified the issuance of an amendment to Special Use Permit(5-13). A copy of the order granting the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP Book IV,Page 30 and in Exhibit Book VIII,Page 1.2. Acceptance of United States Department of Homeland Security Grant Funds, Approval of Memorandum of Understanding and Adoption of Budget Ordinance Amendment 10-130—Emergency Management The Commissioners accepted United States Department of Homeland Security Grant funds in the amount of$20,000, entered into a Memorandum of Understanding with the North Carolina Department of Crime Control and Public Safety, Division of Emergency Management and North Carolina Urban Search and Rescue Task Force 11 and adopted Budget Ordinance Amendment 10-130. The funds will be used in conjunction with the North Carolina Urban Search and Rescue Task Force 11 for equipment,training,and exercise activities. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 1.3. A copy of the memorandum of understanding is available for review in the Legal Department. Adoption of Resolution Authorizing Electronic Bid Advertisements—Finance Department The Commissioners, pursuant to North Carolina General Statute 143-129(b), adopted the resolution authorizing electronic bid advertisements. When bid opportunities arise, County staff will notify all potential bidders/suppliers of each bid opportunity and work to educate suppliers about the new method of advertising for bid proposals and the purchase and sale of property. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book VIII,Page 1.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 726 Acceptance of Good Shepherd Fund, Inc. Grant Funds and Adoption of Budget Ordinance Amendment 10- 059—Sheriff's Office The Commissioners, on behalf of the Sheriff's Office, accepted Good Shepherd Fund, Inc. grant funds in the amount of$2,000 and adopted Budget Ordinance Amendment 10-059. The funds will be used for the Safe Summer Program which allows children to participate in activities that reinforce drug abuse prevention,intervention and education. No local match is required. A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 1.5. Approval of New Hanover County Board of Education Budget Amendment#5—Budget Department The Commissioners, as requested by the New Hanover County Board of Education, approved Capital Outlay Budget Amendment #5. The budget amendment shifts funds between New Hanover County Board of Education Capital Projects and increases the bond funds carried over from FY08-09 to FY09-10 in the amount of $92.52. A copy of the New Hanover County Board of Education capital outlay budget amendment is available for review in the Budget Department. Adoption of Budget Ordinance Amendment—Budget Department The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30, 2010: 10-113 - Social Services 10-125 - Social Services 10-127- Social Services 10-128- Social Services 10-110- Sheriffs Office 10-111 - Sheriffs Office 10-131 - Sheriffs Office 2010-35 - Sheriffs Office 2010-36- Sheriffs Office Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 1.6. REGULAR ITEMS OF BUSINESS RECOGNITION AND PRESENTATION OF PLAQUE TO COMMISSIONER TED DAVIS,JR. FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF COMMISSIONERS FOR THE PAST YEAR Chairman Thompson recognized Commissioner Ted Davis, Jr. for his service as Chairman of the Board of Commissioners for the past year and presented Commissioner Davis a plaque. The Board recognized the accomplishment of Commissioner Davis and thanked him for his service to New Hanover County. APPOINTMENT OF INTERIM NEW HANOVER COUNTY ABC BOARD AND DISCUSSION Chairman Thompson reported that he has received a letter signed by Charles C. Wells,Richard V. Hanson, and Stephen E. Culbreth resigning from the New Hanover County ABC Board and read the letter of resignation into the record. Commissioner Davis stated that under the circumstances he felt it was appropriate to suspend the public hearing and he hopes the public will be included in the discussion concerning the composition of the future Board. Chairman Thompson requested a motion to accept the letter of resignation. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to accept the letter of resignation from Charles C. Wells, Richard V. Hanson, and Stephen E. Culbreth from the New Hanover County ABC Board. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson requested a motion to remove Regular Agenda Item 10 as a Public Hearing. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to remove Regular Agenda Item 10 as a Public Hearing. Upon vote,the MOTION CARRIED UNANIMOUSLY. Chairman Thompson requested nominations for an interim New Hanover County ABC Board. Vice-Chairman Barfield nominated County Manager Bruce Shell, County Attorney Wanda Copley, and Finance Director Avril Pinder for a period no less than ninety days and not more than 120 days. The nomination was seconded by Commissioner Davis. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 727 Hearing no further nominations, Chairman Thompson called for a vote on the nominations. Vote: The Board voted unanimously to appoint County Manager Bruce Shell, County Attorney Wanda Copley, and Finance Director Avril Pinder to the interim New Hanover County ABC Board for a period no less than ninety days and no more than 120 days. Chairman Thompson requested nominations for Chairman of the interim New Hanover County ABC Board. Commissioner Caster nominated County Manager Bruce Shell as Chairman of the interim New Hanover County ABC Board. The nomination was seconded by Commissioner Davis. Hearing no further comments, Chairman Thompson called for a vote on the nomination of County Manager Bruce Shell as Chairman of the interim New Hanover County ABC Board. Vote: The Board voted unanimously to appoint County Manager Bruce Shell as Chairman of the interim New Hanover County ABC Board. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Davis that the interim Board will serve without compensation. Upon vote,the MOTION CARRIED UNANIMOUSLY. The Board held a discussion with the consensus requesting the interim Board to make recommendations concerning policies and procedures within 120 days to the Board of Commissioners. Chairman Thompson polled the Commissioners for their goals and directives for the interim ABC Board. Commissioner Davis requested the interim Board review the following: • increasing the number of the ABC Board from three to five members which will require legislation • adopting an anti-nepotism policy • ensure that the appropriate minutes are compiled in both open session and executive session. Vice-Chairman Barfield requested the interim Board consider the salary issues by doing a salary study to ensure that the salaries are in line with salaries around the State. Commissioner Caster requested the interim Board conduct a review and provide an analysis of the 17t' Street property issue. Commissioner Greer stated that the previous ABC Board did nothing illegal and that they had admitted the high salary increases were a mistake. The ABC Board minutes were sent monthly to the Board of Commissioners. Commissioner Greer urged caution when attempting to fix something that is really not broken and thanked the previous Board for their service to the community. The administrator has done a good job running the organization and increasing the profit margin. Chairman Thompson added that he would like the interim Board to review the process of appropriately advertising meetings. Motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to add a discussion on the specifics of the future ABC Board at the Board's February 15, 2010 meeting. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the letter of resignation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXIII,Page 1.7. PUBLIC HEARING AND APPROVAL OF AMENDMENT TO SECTION 69.17 OF THE ZONING ORDINANCE ON TELECOMMUNICATION FACILITIES, CELLULAR AND RELATED TOWERS TO ADD MORE SPECIFIC STANDARDS EXPANDING THE STANDARDS FOR TELECOMMUNICATION TOWERS(A-382 12/09) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Planning and Zoning Manager Jane Daughtridge presented the request to amend Section 69.17 of the Zoning Ordinance on telecommunication facilities, cellular and related towers to add more specific standards for telecommunication towers reporting that recent requests for wireless communication towers in residential areas has generated public concern for this issue. In response to those concerns, staff has evaluated the existing regulations and is recommending amendments to help clarify the expectations and to provide more complete standards that address some of the aesthetic or safety concerns typical in neighborhoods is desirable in today's technological climate and presented an overview of the requested amendments. At the Planning Board's December 3, 2009 meeting, they voted 4-0 to recommend approval of the amendment with one change requiring the landscape buffer to be located within the tower site. This recommendation has been included in the final draft. No one from the public spoke on this item. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 728 Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Thompson closed the Public Hearing. After a brief Board discussion Chairman Thompson requested direction from the Board. Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman Barfield, to approve amending Section 69.17 of the Zoning Ordinance on telecommunication facilities, cellular and related towers to add more specific standards for telecommunication towers as presented finding that the request is 1) consistent with the purposes and intent of Policy 5.7 adopted in the 2006 Land Use Plan, and 2) reasonable and in the public interest to clarify and specify the standards for approval of telecommunication towers to be placed within the unincorporated county. Upon vote,the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 1.8. PUBLIC HEARING AND APPROVAL OF AMENDMENT TO ARTICLE VII OF THE SUBDIVISION ORDINANCE TO ADD TWO NEW PRIVATE ROAD CERTIFICATES (A-383 12/09) Chairman Thompson opened the Public Hearing and requested staff to make the presentation. Principal Development Planner Sam Burgess presented the request to amend Article VII of the County Subdivision Ordinance to add two certificates for private roads in newly proposed subdivisions as follows: • Certificate of Disclosure: Private Roads. The certificate of disclosure is signed and dated by the developer or owner of the preliminary project, indicating that he will be responsible for the maintenance of the private roads until such time as the responsibility transfers to the Property Owners Association. The roads are to be built in accordance with the County's Subdivision Ordinance and all applicable County Codes which would include the design, installation, inspection, and approval by a licensed Professional Engineer (PE) recognized in the State of North Carolina. This would be completed prior to final plat approval for all or a portion of the project. If all or a portion of the road infrastructure system within the project is bonded through a surety, performance bond, or cash escrow, the bond will not be released until all road construction improvements are completed and certified by the Professional Engineer. This disclosure statement would be revealed to the prospective buyer by the developer, real estate agent, and closing attorney and would also be affixed to the final plat. • Private Roads Certificate. Once the road improvements are complete, the second Private Roads Certificate would be required. This certification would require signature and seal from the Professional Engineer that the private roads have been designed, inspected, and approved in accordance with Section 52-4 of the County's Subdivision Ordinance and all applicable County Codes prior to final plat approval for all or a portion of the project. The PE who certifies the road construction places the prospective buyer on notice that there are no guarantees or assurances of acceptance of the road by NCDOT in the future. This certification would be placed in the project files of the County Engineering Department along with the Planning and Inspections Department. At the Planning Board's meeting on December 3, 2009, they voted 4-0 to recommend approval of both Private Road Certificates. The Planning Board recommended additional wording at the end of the last sentence of the Certificate of Disclosure which has been incorporated into the final draft. No one from the public spoke in opposition. Planning staff supports the Task Force and Technical Review Committee recommendations for approval of both certificates. Chairman Thompson asked if anyone from the public wished to speak in favor of or opposition to the request. Hearing no comments, Chairman Thompson closed the Public Hearing. After a brief Board discussion, Chairman Thompson requested direction from the Board. Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve amending Article VII of the County Subdivision Ordinance to add two new private road certificates as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the ordinance amending the Subdivision Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXIII,Page 1.9. TRAILS END BOAT ACCESS FACILITY UPDATE AND APPROVAL OF RULES FOR USE Parks and Gardens Director Jim McDaniel presented an update on the Trails End Park reporting that, as directed by the Board of Commissioners, a final public meeting was held on November 23, 2009 at Parsley Elementary School. The Trails End Boat Access Facility is under the authority of the North Carolina Wildlife NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 729 Resources Commission and therefore subject to all laws adopted by the North Carolina Wildlife Resources Commission as follows: It is unlawful to: • Leave any vehicle,trailer,boat or other obstruction where it will impede the use of the ramp by others. • Park any vehicles, trailer or boat anywhere on the area other than the designated parking zone. This does not prohibit legal use of the ramp. • Use the area for swimming, camping, operating concessions or for any use other than the launching and recovery of boats and parking of vehicles and boat trailers, except where facilities for a particular use are provided. • Operate any vessel within 50 yards of the ramp at a speed greater than"No Wake" speed. • Possess loaded firearms on the access area. • Operation of a vehicle on any boat access area in a manner so as to endanger life or property. • Deposit any debris or refuse anywhere on the grounds of the area. • Fail to obey any instruction or signs regulating use of the access area. • Conduct any special event, such as fishing tournament weigh-in, without first obtaining a letter of authorization from the Division of Engineering Services. This permit must be available for inspection by wildlife enforcement officers during the event. • Park in a handicapped space without displaying handicapped plate or sign. Staff recommends the Board also adopt the following additional rules: 1. The property will be managed by New Hanover County,and,therefore, subject to all applicable New Hanover County Parks Ordinances. Accordingly,the following is not allowed: • Overnight camping on the property • Open fires • Consumption of alcohol or possession of open containers of alcohol on the property • Excessive noise • Solicitation by private vendors • Commercial activity,unless specifically authorized in writing by New Hanover County • Unleashed pets; owner must pick up after their animals all waste and they are subject to all applicable New Hanover County Ordinances. 2. Visitors to the facility should be aware of and respect the residential nature of the area leading to and surrounding the facility. 3. New Hanover County reserves the right to establish hours of operation of the facility. Should the County adopt hours of operation they will be clearly posted in the park. 4. Visitors must obey all traffic laws on Trails End Road and neighboring streets. 5. Parking along Trails End Road and neighboring streets is discouraged. Trails End Road is subject to North Carolina Department of Transportation regulations. 6. The dock may be used for recreational fishing, subject to North Carolina Saltwater Fishing License Regulations. 7. The dock may be used only for temporary mooring of boats waiting to use the boat ramp. No overnight mooring is allowed. 8. All special events, such as fishing tournaments, family reunions, wedding ceremonies, etc. are subject to review and approval by New Hanover County Parks system. 9. New Hanover County assumes no responsibility for loss or theft from vehicles or watercraft. Take all values with you when leaving the area. The Board held a brief discussion that the hours of operation will be established at a future date on an as needed basis. The facility will be open 24/7. Hearing no further comments, Chairman Thompson requested direction from the Board. Motion: Commissioner Davis MOVED to adopt the rules as presented with the added verbiage to #3 limiting the hours of operation between sunrise and sunset and that the ramp area will be open 24/7. No second was received, therefore the MOTION FAILED. Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Caster, to adopt the rules as presented for Trails End Boat Access Facility. Upon vote,the MOTION CARRIED UNANIMOUSLY. COUNTY PARKS UPDATE Parks and Gardens Director Jim McDaniel and Sara Burroughs with Haden-Stanziale provided the following update on the County's 2006 Parks Bond projects highlighting the following information: Completed Projects: • Veterans Park Phase IV-Budget: $2,500,000; Cost: $2,488,654 • Ogden Park-Budget: $500,000; Cost: $339,127 • River Road Park-Estimate: $126,000;Low Bid: $87,292 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 730 Construction-Ready Projects: • Arrowhead Park-Estimate: $1.37 million • Monterey Heights Park-Estimate: $195,000 • Wrightsboro Park-Estimate: $1.06 million • Peterson Park-Estimate: $142,800 • Parkwood Park-Estimate: $389,000 Joint Projects with the City of Wilmington: • Olsen Park-Construction Budget: $6,000,000;NEC Share: $3,000,000 • Empire Park—Althea Gibson Tennis Center-Budget: $1,500,000;NEC Share: $650,000 Current Projects: • Trails End Public Boating Access Park - Construction Estimate: $200,000 funded by the North Carolina Wildlife Resource Commission • Smith Creek Park-Estimate: $1.1 million; $500,000 PARTF grant After a brief question and answer period, Chairman Thompson thanked Director McDaniel for the update. ADOPTION OF RESOLUTIONS DECLARING NEW HANOVER COUNTY A RECOVERY ZONE AND ALLOCATING BONDS TO THE SOUTHEASTERN CENTER PROJECT, APPROVAL OF MEMORANDUM OF AGREEMENT, AND AUTHORIZATION OF CONTRACT WITH LS3P AND ASSOCIATES FOR DESIGN AND PROJECT MANAGEMENT CONTINGENT UPON APPROVAL BY BRUNSWICK AND PENDER COUNTIES County Manager Bruce Shell presented the request for the County to partner with Southeastern Center for the design and construction of a new headquarters. The new facility will allow the New Hanover County Health Department the opportunity to make necessary expansions to support its public health mission, and meets the long- term growth expectations for Southeastern Center. The plan includes establishing a partnership between New Hanover,Brunswick and Pender Counties and Southeastern Center. The Board may consider making their approval contingent upon whether the request is approved by Pender and Brunswick Counties Boards of Commissioners. The Southeastern Center Area Board voted to proceed with the project at its November 19, 2009 meeting and approved a$5.78 million, 20,000 square foot facility. The facility is planned for twelve acres located between Medical Center Drive and Physicians Drive held by the County on behalf of Southeastern Center. The suggested finance model includes the following: • $5.78 million project estimate • Borrow full cost at 4.5 percent over 20 years: o Interest only through Fiscal Year 2012 o $130,095 (FY 2010) o $260,190 (FY 2011 and FY 2012) o $375,232 (FY 2013) o $490,274 (FY 2012—2019) o $490,274 (FY 2020—2030) • New Hanover at$338,289(69 percent) • Brunswick at$117,665 (24 percent) • Pender at$34,320(7 percent) • Invest$3 million facility fund balance held by New Hanover County • Sell two acres of parent tract at$250,000 per acre • Benefits: • Fulfills earlier obligations agreed to by New Hanover County and Southeastern Center • Solidifies administrative relevancy for Southeastern Center as Local Management Entities continue to merge • Creates space potential on the existing complex for the New Hanover County Health Department • Creates meaningful construction jobs during tough economic times • Guarantees a favorable bid climate Staff is requesting the following actions from the Board: • Approve the project Memorandum of Agreement between New Hanover County and Southeastern Center;and • Adoption of the two resolutions declaring New Hanover County a recovery zone and allocate Recovery Zone Economic Development bonds to the Southeastern Center project; and • Authorize staff to execute a contract with LS3P and Associates for design and project management. Commissioner Greer stated that he was not in favor of the request due to the current economic climate. Chairman Thompson reported on the six project savings highlighting that a savings of nearly $1.1 million was realized due to the economic climate. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 731 In response to Board questions, County Manager Bruce Shell reported that generally the County tries to borrow as little as possible but with the low interest rates staff was recommending trying to lessen the burden on this budget year and the next budget year. In response to Board questions, County Manager Bruce Shell reported that staff was attempting to delay any debt service for a couple of years allowing the County to recover and take advantage of the lower bid and construction season. The current proposal was taken to Brunswick and Pender Counties. In response to Board questions, County Manager Bruce Shell clarified that the benefit of declaring the County a recovery zone will allow the County access to a lower interest rate and eligible for Federal funds. This will benefit the County and private citizens. After discussion, Chairman Thompson requested direction from the Board. Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Barfield, to approve the project Memorandum of Agreement between New Hanover County and Southeastern Center contingent upon approval by Brunswick and Pender Counties. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. Assistant County Manager Chris Coudriet reported that they were received well by the Brunswick Board of Commissioners. They took no action but requested their manager get further clarification from County Manager Bruce Shell. Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster,to adopt the resolution designating New Hanover County a Recovery Zone. Upon vote,the MOTION CARRIED UNANIMOUSLY. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution approving the Recovery Zone Economic Bond Allocation. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Greer voted in opposition. Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman Barfield, to authorize staff to execute a contract with LS3P and Associates for design and project management contingent upon approval by Brunswick and Pender Counties. Upon vote,the MOTION CARRIED UNANIMOUSLY. Copies of the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XXXIII,Page 1.10. A copy of the memorandum of agreement and contract are available for review in the Legal Department. CLOSED SESSION Chairman Thompson announced that Closed Session Agenda Item 17 has been pulled. NON-AGENDA ITEMS Chairman Thompson announced that time had been reserved to allow the public to present an item that was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes. Russ Hauptman,Americans for Prosperity, spoke on his displeasure of the resignation of the New Hanover County ABC Board before they answered questions from the Board of Commissioner and the public. He requested they also resign from any other public Board that they are currently serving on. Ben McCoy spoke on his disappointment that the public hearing was cancelled stating that all public boards should adhere to the same policies and procedures. An investigation should still be conducted and even though they have resigned,the ABC Board should answer the allegations. Chad O'Shields spoke on his disappointment that the public was not heard before Board action was taken stating that the record needs to be set straight that the public did not misunderstand and that rules were ignored such as not establishing a nepotism policy, laws were broken such as minutes not being recorded of executive sessions and actions taken, and public money was wasted in the high salary for Mr. Williams. Public trust has been violated and the actions of the New Hanover County ABC Board have resulted in a State-wide investigation by the Governor. Paul Czesak spoke on his concern that the State is in the liquor selling business stating that the New Hanover County ABC Board still needs to be held accountable for their actions and violations. He requested the Board answer his list of questions. Chairman Thompson requested Mr. Czesak supply his list of questions to the Clerk for written response by the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31 REGULAR MEETING,JANUARY 4,2010 PAGE 732 In response to public comments, Commissioner Caster stated that he agrees that liquor stores should be privately owned and run. In response to public comments, Commissioner Davis stated that he had no control over the ABC Board's resignation; he didn't agree to anything nor did he sweep anything under the rug and he has no intention of doing that;that is why the interim Board was appointed. ADJOURNMENT There being no further business, Chairman Thompson adjourned the meeting at 8:11 p.m. Respectfully submitted, Sheila L. Schult Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.